Spektrum Smart Technology XBC100 Manual page 7

EN
technical regulations, or (vii) use that violates any applicable laws, rules, or regulations.
OTHER THAN THE EXPRESS WARRANTY ABOVE, HORIZON MAKES NO OTHER WARRANTY OR
REPRESENTATION, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. THE PURCHASER ACKNOWLEDGES THAT THEY ALONE HAVE DETERMINED THAT
THE PRODUCT WILL SUITABLY MEET THE REQUIREMENTS OF THE PURCHASER'S INTENDED USE.
Purchaser's Remedy
Horizon's sole obligation and purchaser's sole and exclusive remedy shall be that Horizon will, at its option,
either (i) service, or (ii) replace, any Product determined by Horizon to be defective. Horizon reserves the right
to inspect any and all Product(s) involved in a warranty claim. Service or replacement decisions are at the
sole discretion of Horizon. Proof of purchase is required for all warranty claims. SERVICE OR REPLACEMENT
AS PROVIDED UNDER THIS WARRANTY IS THE PURCHASER'S SOLE AND EXCLUSIVE REMEDY.
Limitation of Liability
HORIZON SHALL NOT BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES,
LOSS OF PROFITS OR PRODUCTION OR COMMERCIAL LOSS IN ANY WAY, REGARDLESS OF WHETHER
SUCH CLAIM IS BASED IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY
OTHER THEORY OF LIABILITY, EVEN IF HORIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. Further, in no event shall the liability of Horizon exceed the individual price of the Product
on which liability is asserted. As Horizon has no control over use, setup, final assembly, modification or
misuse, no liability shall be assumed nor accepted for any resulting damage or injury. By the act of use,
setup or assembly, the user accepts all resulting liability. If you as the purchaser or user are not prepared
to accept the liability associated with the use of the Product, purchaser is advised to return the Product
immediately in new and unused condition to the place of purchase.